Md. Code Regs. 14.13.03.11

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.13.03.11 - Review of a Denial

A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.

B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Executive Director of the Authority and the hearing shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Executive Director. The Executive Director shall issue the final decision of the Authority unless the Executive Director delegates the final decision authority.

C. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, § 10-623, Annotated Code of Maryland:

D. If the applicant chooses not to request a hearing under §A, above, the applicant may file an action for judicial enforcement under State Government Article, § 10-623, Annotated Code of Maryland.

Md. Code Regs. 14.13.03.11